[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Notices]
[Pages 52080-52081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25545]


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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Kansas City International Airport, Kansas City, Missouri; FAA 
Approval of Noise Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program submitted by the city of 
Kansas City under the provisions of Title I of the Aviation Safety and 
Noise Abatement Act (ASNA) of 1979 (Public Law 96-193) and 14 CFR part 
150. These findings are made in recognition of the description of 
Federal and nonfederal responsibilities in Senate Report No. 96-52 
(1980). On February 9, 1996, the FAA determined that the Noise Exposure 
Maps submitted by the city of Kansas City under part 150 were in 
compliance with applicable requirements. On August 5, 1996, the 
Associate Administrator for Airports approved the Kansas City 
International Airport Noise Compatibility Program. Of the 24 
recommended measures, 19 measures were approved, one measure was 
partially approved, 3 measures were disapproved for part 150 purposes, 
and one measure was disapproved pending further submittal of 
information. While three measures were disapproved because they did not 
meet part 150 criteria, they were zoning measures that the FAA would 
encourage Kansas City to implement as a local measure outside of the 
part 150 process.

EFFECTIVE DATE: The effective date of the FAA's approval of the Kansas 
City International Airport Noise Compatibility Program is August 5, 
1996.

FOR FURTHER INFORMATION CONTACT: Moira D. Keane, ACE-615B, Federal 
Aviation Administration, Airports Division, 601 E. 12th St., Kansas 
City, Missouri 64106. Telephone No. (816) 426-4731. Documents 
reflecting this FAA action may be obtained from the same individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given 
its overall approval to the Noise Compatibility Program for the Kansas 
City International Airport, effective August 5, 1996.
    Under Section 104(a) the Aviation Safety and Noise Abatement Act 
(ASNA) of 1979, an airport operator who has previously submitted a 
Noise Exposure Map may submit to the FAA a Noise Compatibility Program 
which sets forth the measures taken or proposed by the airport operator 
for the reduction of existing noncompatible land uses and prevention of 
additional noncompatible land uses within the area covered by the Noise 
Exposure Maps. The Act requires such programs to be developed in 
consultation with interested and affected parties including local 
communities, government

[[Page 52081]]

agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance 
with FAR part 150 is a local program, not a Federal program. The FAA 
does not substitute its judgment for that of the airport proprietor 
with respect to which measures should be recommended for action. The 
FAA's approval or disapproval of FAR part 150 program recommendations 
is measured according to the standards expressed in part 150 and the 
Aviation Safety and Noise Abatement Act of 1979, and is limited to the 
following determinations:
    a. The noise compatibility program was developed in accordance with 
the provisions and procedures of FAR part 150;
    b. Program measures are reasonably consistent with achieving the 
goals of reducing existing noncompatible land uses around the airport 
and preventing the introduction of additional noncompatible land uses;
    c. Program measures would not create an undue burden on interstate 
or foreign commerce, unjustly discriminate against types or classes of 
aeronautical uses, violate the terms of airport grant agreements, or 
intrude into areas preempted by the Federal Government;
    d. Program measures relating to the use of flight procedures can be 
implemented within the period covered by the program without derogating 
safety,adversely affecting the efficient use and management of the 
navigable Airspace and Air Traffic Control Systems, or adversely 
affecting other powers and responsibilities of the Administrator 
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport 
Noise Compatibility Program are delineated in FAR part 150, Section 
150.5. Approval is not a determination concerning the acceptability of 
land uses under Federal, state, or local law. Approval does not by 
itself constitute an FAA implementing action. A request for Federal 
action or approval to implement specific noise compatibility measures 
may be required, and an FAA decision on the request may require an 
environmental assessment of the proposed action. Approval does not 
constitute a commitment by the FAA to financially assist in the 
implementation of the program nor a determination that all measures 
covered by the program are eligible for grant-in-aid funding from the 
FAA. Where Federal funding is sought, requests for project grants must 
be submitted to the FAA Regional Office in Kansas City, Missouri.
    The city of Kansas City submitted to the FAA on August 14, 1995, 
the Noise Exposure Maps, descriptions, and other documentation produced 
during the Noise Compatibility Planning study. The Kansas City 
International Airport Noise Exposure Maps were determined by FAA to be 
in compliance with applicable requirements on February 9, 1996. Notice 
of this determination was published in the Federal REgister on February 
26, 1996.
    The Kansas City International Airport study contains a proposed 
Noise Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the date of study completion to beyond the year 1998. It was requested 
that the FAA evaluate and approve this material as a noise 
compatibility program as described in Section 104(b) of the Act. The 
FAA began its review of the program on February 9, 1996, and was 
required by a provision in the Act to approve or disapprove the program 
within 180 days. Failure to approve or disapprove such program within 
the 180-day period shall be deemed to be an approval of such program.
    The submitted program contained 24 proposed actions for noise 
abatement and mitigation on and off the airport. The FAA completed its 
review and determined that the procedural and substantive requirements 
of the Act and FAR part 150 have been satisfied. The overall program, 
therefore, was approved by the Associate Administrator effective August 
5, 1996.
    Outright approval was granted for 19 of the 24 program elements, 
one measure was partially approved, 3 measures were disapproved for 
part 150 purposes, and one measure was disapproved pending further 
submittal of information. Some of the approved noise abatement measures 
include establishment of informal preferential runway use program to 
favor north flow, acquisition of ten homes south of the airport within 
DNL 65 dB based on 1998 Noise Compatibility Plan, acquisition of 
aviation easements over three residences within DNL 65 dB based on 1998 
Noise Compatibility Plan, and implementation or maintenance of numerous 
zoning measures.
    These determinations are set forth in detail in a Record of 
Approval endorsed by the Associate Administrator on August 5, 1996. The 
Record of Approval, as well as other evaluation materials and the 
documents comprising the submittal, are available for review at the FAA 
office listed above and at the administrative offices for the Kansas 
City International Airport. Questions may be directed to the individual 
named above under the heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Kansas City, Missouri, on September 24, 1996.
George A. Hendon,
Manager, Airports Division.
[FR Doc. 96-25545 Filed 10-3-96; 8:45 am]
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